A growing number of states have started considering ballot measures that would make it illegal to possess or use marijuana for any reason, including medicinal purposes. The push comes after the Obama administration released a rule that prevents federal officials from going after states that have legalized the drug.

According to reports from the Huffington Post, the states of Georgia and North Carolina have voted to outlaw CBD-rich hemp oil, which is used to treat seizure disorders. The decision was made by the North Carolina House of Representatives, which voted in favor of the ban. The bill was later passed by the Georgia House of Representatives, it was then sent to the Senate for review. The bill was subsequently passed by the Senate and headed to the desk of Governor Nathan Deal, who had not yet signed or vetoed the legislation. The bill is now awaiting his signature, before it becomes law.

The U.S. Drug Enforcement Administration has reclassified the active ingredient in cannabis, Delta-9-tetrahydrocannabinol (“THC”), from a Schedule I to a Schedule II drug, making it harder for researchers to obtain necessary permits to study its medical benefits.. Read more about what states is delta-8 illegal and let us know what you think. word-image-9528 A growing number of states are banning Delta-8 THC while federal agencies investigate its legality. Delta-8-THC has become very popular, so more and more jurisdictions are restricting access to this commodity, which is often derived from cannabis extracts.

Miscellaneous responses

Direct restrictions on market access and product bans are being considered. According to Marielle Weintraub, president of the U.S. Hemp Board, states will continue to restrict the sale of Delta-8 THC and similar products because the cannabinoid is considered a prohibited drug by federal law. Do not manufacture or sell Delta-8 products unless you are licensed to manufacture or sell THC as a controlled substance, Weintraub said. A state licensed operator of recreational or medical marijuana for adult use is the proper way to legally produce and sell Delta 8 products. Hemp companies that fail to do so risk fines from the FDA, FTC, USDA and EPA, as well as possible enforcement actions from the DEA and state regulatory and law enforcement agencies. According to Weintraub, cannabis companies that produce Delta-8 THC cannot have their products certified by the U.S. Hemp Board.

There is confusion

Due to conflicting restrictions, the legal status of both the TGC delta 8 and TGC delta 10 remains unclear. Proponents of THC Delta-8 and Delta-10 products argue that all hemp-derived cannabinoids meet the definition of cannabis, which is now a legal crop and no longer a controlled drug under the 2018 Farm Bill. However, in late 2020, the U.S. Drug Enforcement Administration issued an interim final rule stating that all synthetically derived controlled drugs (THC) remain illegal Schedule I drugs. According to the DEA, Delta-8 THC is a banned substance because it is made from CBD, which is derived from cannabis, and not directly from the cannabis plant. From a chemistry standpoint, using a catalyst to convert CBD to delta-8 THC is obviously a chemical process, said Eric Paulson, director of Infinite Chemical Analysis Labs. By definition, any product resulting from such a chemical reaction is a synthetic chemical. At least five states have considered or are in the process of amending their laws to specifically regulate Delta-8 THC, joining at least 11 other states that already have laws about this lesser cannabinoid. Delta-8 THC can cause psychoactive effects in some people, although it is less potent than the delta-9 THC found in marijuana. Alaska, Arkansas, Arizona, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island and Utah are among the states that have banned Delta-8 THC outright. However, because THC delta-8, delta-10 and delta-9 are still on the DEA’s Schedule 1 list of controlled substances, they are banned in all 50 states, according to Paulson. Because Delta-9 is the only cannabinoid officially included in the 2018 Farm Bill, some have interpreted it as legalizing other cannabinoids, Paulson added. The following is a list of Delta-8 state measures:

Alabama

In late April, cannabis industry representatives in Alabama applauded lawmakers for rejecting proposed amendments that would have defined delta-8 and delta-10 THC products as controlled substances. The Alabama Senate Judiciary Committee has approved an amendment to a bill that would have banned THC delta-8 and delta-10 and the antidepressant tianeptine in the state. According to the Alabama Political Reporter, the bill’s sponsor withdrew the amendment after a complaint from representatives of the cannabis industry in Alabama. However, a similar amendment was proposed in the state’s medical marijuana bill, which would have classified all THC in the state as a controlled substance. The House health committee rejected the measure, which was supported by Attorney General Steve Marshall.

Illinois

In mid-April, the Illinois House of Representatives passed a bill to regulate Delta-8 THC and other products. Representative Bob Morgan, who introduced the bill, called the sections a public health disaster. Thousands of consumers in Illinois buy CBD, Delta-8 and other cannabis derivatives without being able to know what’s in them. According to Morgan, some products do not contain CBD or cannabis at all. Illinois legalized recreational marijuana in 2019.

Kentucky

Kentucky, a major cannabis producer, made headlines last month when its Department of Agriculture emphasized that delta-8 THC is a controlled drug. The distribution of products containing (Delta-8) is illegal and the distribution of such products could result in your disqualification from the cannabis licensing program and possible criminal prosecution, Agriculture Commissioner Ryan Quarles wrote in a letter to Kentucky cannabis licensees in response to questions to the state Department of Agriculture. Because Delta-8 THC is a Schedule I controlled substance under federal law, it remains a Schedule I controlled substance under state law, Quarles said, adding that Kentucky has not passed legislation to create an exception to the state’s controlled substance law.

North Dakota

In late April, the North Dakota Attorney General’s Office proposed changes to the state’s cannabis regulations due to increased demand for Delta 8 THC. According to Fargo-based KVRR, part of the state’s plan calls for the immediate criminalization of Delta-8 THC use. Hemp growers are urging lawmakers to consider legislation that would not ban people from using Delta-8 for medicinal purposes.

Oregon

While Oregon legalized recreational marijuana in 2014, Delta-8-THC is not subject to the same restrictions, which has raised alarms in the cannabis industry and with state regulators who want to see more research into the effects of this minor cannabinoid. According to a bill introduced in the state’s House of Representatives, the Oregon Liquor Control Commission, which regulates cannabis, would be given the authority to set limits on the strength of artificial cannabinoids and set testing standards for consumer products containing cannabis-derived cannabinoids. The measure, supported by both parties, would create a task force to study how new cannabis products with delta-8 THC fit into Oregon’s legal cannabis market, according to Portland television station KOIN. In written comments, Rick Trojan, president of the Hemp Industry Association, said the law would kill Oregon’s hemp industry overnight. It makes no sense, Trojan added, to subject federally legal cannabis products to the same onerous regulations as federally prohibited marijuana.

Vermont

Vermont state officials recently provided information on the legal status of THC Delta 8. The Vermont Agency of Agriculture, Farms and Markets shared in an April 23. email to registered cannabis producers that products containing delta-8 THC are illegal under the state’s published rules prohibiting processors from using synthetic cannabinoids in the manufacture of cannabis or hemp products. Manufacturing products containing delta-8 THC would be illegal in Vermont, according to the FDA.

Washington

According to a policy statement released last week by the Washington Alcohol and Cannabis Board (WLCB), the regulator of cannabis products, cannabis lab products are temporarily prohibited in the state. However, the panel’s opinion is advisory in nature and further discussion is needed on whether federal drug laws apply to cannabis-derived chemicals such as THC delta-8 and THC delta-10. The 29th. In April, the WLCB announced that it would work with businesses that manufacture and sell cannabis products in a formal regulatory process that will begin this month. The restriction was imposed due to safety concerns, the lack of mandatory testing standards and restrictions on power and concentration percentages, the board said in a statement. Licensed marijuana growers in the state have called for restrictions on the sale of Delta-8 THC products, saying the cheaper, illegal products are driving them out of business, The (Spokane) Spokesman-Review reports. But not everyone in the Washington marijuana industry is against THC Delta 8. In its letter to the WLCB in February, the Washington Cannabis Association asked that the policy not completely exclude Delta-8 THC. Vicky Christophersen, Executive Director of the Association, noted: The focus should be on ensuring that all cannabis varieties are safe for the regulated system, including Delta-8 THC.When the US Food and Drug Administration (FDA) approved synthetic marijuana products, it was something of a game changer, kicking off a new era in pot prohibition. In fact, it was the first time the agency had ever approved a synthetic cannabinoid for medical use, the most recent a handful of products that had been approved in the past decade. As part of an effort to address the growing federal deficit, federal lawmakers are considering a bill that would ban all oils that contain delta-9-tetrahydrocannabinol (THC, the principal psychoactive ingredient in cannabis).. Read more about why is delta-8 illegal in colorado and let us know what you think.

Frequently Asked Questions

Is Delta 8 going to be banned?

No, Delta 8 is not going to be banned.

Delta 8 THC is legal in the following states: Alaska, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

Delta 8 THC is not legal in Kentucky.

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